Supplier and contracting party
FILOU SOFTWARE GMBH
Tel.: +49/ (0)2382/77094-90
Fax: +49/ (0)2382/77094-92
VAT-ID: DE 170 231 026
Registergericht: Amtsgericht Münster
Registernummer: HRB 17040
Geschäftsführer: Patrick Root
Terms and conditions
(1) These conditions of the company FILOU SOFTWARE GMBH (hereinafter: „seller“), apply to all sales, deliveries and services of the seller, which the customer buys from the seller through the online shop under the URL www.filou.de. The inclusion of conditions of the customer is contradicted, unless the parties have expressly agreed otherwise.
(2) „Customers“ are both consumers and entrepreneurs, where a consumer is any natural person who enters into a legal transaction for purposes which are predominantly neither commercial nor self-employed. An entrepreneur, on the other hand, is any natural or legal person or partnership with legal personality who, in the course of entering into a legal transaction, is exercising his or her independent professional or commercial activity.
§2 Conclusion of contract
(1) The seller’s product offerings are merely an invitation to the customer to make a purchase offer. By concluding the order process, the customer makes a binding offer to the seller. The acceptance of this purchase offer by the seller takes place only through a separate declaration of acceptance or payment request within 48 hours after receipt of the purchase offer.
(2) The order process in the online shop begins by inserting a product into the shopping cart. This is done via the button “Add to cart” on the product detail page. The customer reaches his personal shopping cart at any time via the symbol button “shopping cart” in the upper menu bar.
If the customer has filled his personal shopping cart with the products of his choice, he can continue the ordering process via the button “Continue to checkout” on the following page. Before that, the customer has the option to change the order quantity in the shopping cart by entering the desired quantity and the confirmation via the button “Update basket” or to delete a product from the shopping cart via the button “X”.
If the customer is already registered for the seller’s online shop, he can continue his order by entering his registered e-mail address and password in the “Log In” field.
If the customer is not yet registered, he must first create a customer account on the seller website via the field “Register” and then make the order with the corresponding registration data.
In the next order step the customer can deposit his personal data for the purposes of invoicing and shipping. The entries must be confirmed via the button “Continue to step 2”. In the next order step, the customer can select a payment method offered by the seller. To do this, the customer must activate the field of the desired payment method by clicking on it and confirm the selection by clicking the “Continue with step 3” button.
The customer is then in his order overview.
Any corrections to the entered data that the customer may want to make can be made via the “edit” link in the respective input mask.
In order to be able to execute his order, the customer must subsequently confirm the validity of the General Terms and Conditions and the notice of the right of revocation by activating the “I hereby confirm that I agree to the Terms and Conditions and have taken notice of the cancellation policy.”
In the case of the desired purchase of digital content, e.g. sending a license key by the seller, the customer can also agree to the execution of services before the expiry of the revocation period. For this, the field:
„I hereby expressly consent to the execution of the Software Purchase Agreement prior to the expiry of the cancellation period. I acknowledge that by my consent and with the commencement of the contract execution (software download or transmission of the license key) I lose my legal right of withdrawal for this purchase contract.“
has to be activated. In this case, the execution will take place before the end of the withdrawal period and the customer loses his legal right of withdrawal with execution.
Finally, the customer submits the binding order for the products inserted in the shopping cart via the “Buy Now” button.
(3) Checkout and contact via e-mail take place with the help of automated purchase processing software. The customer must therefore ensure that the e-mail address specified by him for the purchase is correct, so that this correspondence can be done. When using spam filters, the customer must ensure that all e-mails sent by the seller or its checkout service providers for purchase are received.
§3 Contract storage
The contract text can be printed by the customer via the browser function or saved by clicking on the right mouse button on the memory function of the browser. Permanent backups of the offer and the contract after conclusion of the contract are not made by the seller and must therefore be initiated by the customer if necessary (for example with screenshots).
The prices quoted by the seller include all price components incl. the respective German value added tax (VAT). The VAT is shown separately. The packaging and shipping costs are shown separately in the respective product offer or via the link “shipping”. Other price components, such as additional taxes, duties or other charges may apply to cross-border deliveries.
§5 Payment Terms
Payments can be made as follows:
– Zahlung per Überweisung (Vorkasse)
– Payment by PayPal (Europe) S.à r.l. et Cie, S.C.A., Luxemburg
– Payment by credit card via PayPal (Europe) S.à r.l. et Cie, S.C.A., Luxemburg
If you do not have a PayPal account, please note the terms and procedures of PayPal;
(1) The delivery times stated for the products begin on the day following the day the customer’s money order is sent to his payment service provider. Delivery will be made within the specified delivery time. If the last day of the delivery period falls on a Saturday, Sunday or a general public holiday recognized at the place of receipt, the next working day will take the place of this day.
(2) In the case of a delivery outside of Germany, the latest delivery date stated for the products is extended by 5 working days for deliveries within the EU member states and 10 working days for the rest.
(1) The software products offered by the seller are protected by copyright. With the conclusion of the contract and the contractual payment of the services, the customer receives a right of use from the seller directly or as a trading partner of the author for these products.
(2) Unless otherwise stated in the product offer, it is a non-transferable and non-exclusive right of use, which is granted unlimited in terms of time and place as well as limited to one user.
(3) If the seller gives the customer a license key for a software product for the purpose of fulfilling the contract, the above paragraphs shall apply accordingly.
§8 Reservation of proprietary rights
Until the full purchase price paid, the contractual products remain the property of the seller.
§9 Liability for defects
(1) For sales to entrepreneurs, the limitation period for defects in new goods is one year from the transfer of risk. For used goods rights and claims due to defects are excluded. The statute of limitations does not start again if replacement is provided within the scope of the liability for defects.
(2) For sales of used goods to consumers, the limitation period for claims for defects is one year from delivery of the goods to the buyer.
(3) For entrepreneurs, the statutory limitation periods for the right of recourse according to § 478 BGB remain unaffected, the same applies to entrepreneurs and consumers in case of intentional breach of duty and fraudulent concealment of a defect. In the case of sales to entrepreneurs and consumers, the following paragraph (5) further states that these limitations of liability do not extend to claims for damages and reimbursement of expenses which the buyer can assert due to a defect.
(4) For sales to a merchant in accordance with commercial law (§ 1 HGB), the commercial investigation and complaint obligations in the sense of § 377 HGB apply. Failure to comply with the statutory notification obligations, the goods are considered approved.
(5) In case of injury to life, body or health, the seller is liable for intent or gross negligence without limitation for any legal reason. This also applies to malice and warranty promises or if the liability is based on mandatory statutory provisions, such as the product liability law.
(6) In all other instances, statutory provisions shall apply.
§10 Contract language
The contract language is German.
§11 Final provisions
(1) The laws of the Federal Republic of Germany shall apply.
(2) The choice of law under paragraph 1 applies to consumers i.S.v. § 1 paragraph 2 sentence 1 only to the extent that the granted protection is not withdrawn by mandatory provisions of the law of the state in which the consumer has his habitual residence.
(3) The provisions of the UN Sales Convention do not apply.
(4) If the customer is a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction for all disputes arising from this contract is the registered location of the seller, unless an exclusive place of jurisdiction exists. The same applies if the customer does not have a general place of jurisdiction in Germany or if his domicile or habitual residence is unknown at the time the complaint is filed.
Alternative Dispute Resolution
In accordance with § 36 Alternative Dispute Resolution (VSBG) we do inform as follows:
We are unwilling and not obliged to participate in a dispute resolution procedure.